Eldoret Express Limited v Martin Nyongesa & 2 others [2021] KEELC 4508 (KLR)
- Court
- Environment & Land Court
- Case number
- 4508
- Citation
- [2021] KEELC 4508 (KLR)
- Decided
- 2 February 2021
The application is granted, the taxing master's ruling on instruction fees is set aside and substituted with a sum of Kshs. 100,000/- for each of the three respondents. The final amounts awarded by the taxing master by this court as party and party costs to the respondents upon the re-taxation of their bills of costs are as follows.
Facts
The applicant sought to set aside a ruling on taxation of costs delivered by a taxing master, claiming the taxing master ignored the applicant's submissions and delivered the ruling in the absence of all parties.
Issues
- Setting aside the taxing master's ruling on taxation of costs
- Re-taxing the defendants' bills of costs
- Awarding instruction fees to the respondents
Reasoning
The court finds that the taxing master's ruling on instruction fees was incorrect and disregarded the applicant's submissions. The court awards a total of Kshs. 100,000/- as instruction fees to the respondents.
Outcome
Application granted
Orders
- The taxing master's ruling on instruction fees is set aside and substituted with a sum of Kshs. 100,000/- for each of the three respondents.
- The final amounts awarded by the taxing master by this court as party and party costs to the respondents upon the re-taxation of their bills of costs are as follows.
Remedies
- The applicant bears their own costs of the instant application.
- The 3rd defendant alone shall bear the costs of the application dated 4/11/2020.
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